Newnam v. Moran

Adkins, J., delivered the opinion of the Court. This appeal is from a judgment in favor of defendant on demurrer to plaintiff’s second ámended declaration, which was as follows: “Maud C. Hewnam, plaintiff, by H. Mortimer Kremer, her attorney, sues Mrs. Elizabeth A. Moran, defendant, for that the said defendant, Mrs. Elizabeth A. Moran, at the time of the happening of the injuries hereinafter complained of was and is now the owner of the premises and building known as Ho. 105 East ⁶⁵¹ Saratoga Street, a public highway in the City of Baltimore, State of Maryland; and for that heretofore, to wit, on the 13th day of February, 1926, the plaintiff was lawfully and carefully walking on and across the pavement in front of and appurtenant to the said property, No. 105 East Saratoga Street, a public highway of the City of Baltimore aforesaid, and while using due care and caution and without any fault whatsoever on her part directly contributing thereto, she was suddenly and violently precipitated and thrown to the ground as a result of ice which' the defendant had carelessly and negligently permitted to accumulate and freeze on the pavement of the aforesaid property, thereby allowing said pavement to be and remain in an unfit, dangerous, unsafe and improper condition; that the accumulation of ice was caused by the freezing of melting snow dripping from a portico which projected over the entrance and formed a part of the aforesaid building abutting on said street; and that said dangerous condition on said sidewalk, was brought about and caused by the negligent participation of the defendant, by reason of the negligent and careless use and management by her of her premises abutting on said sidewalk, in that the failure of the defendant to maintain a conductor or gutter over said portico to divert and prevent the melting snow from flowing onto the said street and over the pavement was the direct result of said melting snow being allowed, permitted and suffered to escape or flow from defendant’s premises, into the street and over the pavement, causing the icy formation complained of; and for that as a result of being so thrown to the ground the plaintiff was greatly cut, 'bruised and seriously and permanently injured in and about her head, body and limbs, suffered severe shock to her nervous system and sustained a broken right wrist, as a result of which she had permanently lost the normal use of her said right wrist and was and became for a long time thereafter sick, sore and wounded and made to suffer great physical pain and mental anguish, in consequence of which the said plaintiff has been and will be caused to expend ⁶⁵² considerable sums of money for medical attention and medicines, and has been and will be for a considerable length of time unable to pursue her usual vocation, thereby losing the emoluments she would otherwise have received from her labor, and other damage did the plaintiff sustain, all of which was due to the negligence of the said defendant, and the plaintiff not in anywise contributing thereto. “And the said plaintiff claims $5,000 damages.” The only question to be determined is: Does the declaration set out a good cause of action? In effect it alleges that the plaintiff, while exercising due care, was injured by falling on ice which had accumulated on the pavement in front of defendant’s property, and that the accumulation of ice was caused by the freezing of melting snow dripping from a portico, which projected over the entrance and formed a part of defendant’s building abutting on said street, and that the dangerous- condition on said sidewalk was caused by the negligent management by defendant of said building in failing tomaintain a conductor or gutter over said portico to divert and prevent the melting snow from flowing onto the said street and over the pavement, and that said accident was the direct result of such negligence, and that injuries of which the plaintiff complains (and which are set out) were due to the negligence of the defendant In order to sustain the demurrer it was necessary to hold, as a matter of law, that the defendant was not guilty of actionable negligence in. the premises. In our